- 39 - and is attributable to a tax-motivated transaction. The increased rate of interest is effective with respect to interest accruing after December 31, 1984, even though the transaction was entered into before that date. See Solowiejczyk v. Commissioner, 85 T.C. 552 (1985), affd. without published opinion 795 F.2d 1005 (2d Cir. 1986). Section 6621(c) was repealed by section 7721(b) of the Omnibus Budget Reconciliation Act of 1989, Pub. L. 101- 239, 103 Stat. 2399, effective with respect to returns the due date for which is after December 31, 1989. As indicated, additional interest applies only if an underpayment of tax is attributable to a tax-motivated transaction. The term “tax-motivated transaction” is defined in section 6621(c)(3) to include any valuation overstatement within the meaning of section 6659(c), see sec. 6621(c)(3)(A)(i), or any sham or fraudulent transaction, sec. 6621(c)(3)(A)(v). There is no dispute in these cases that petitioners’ underpayment of tax for 1982 is attributable to tax-motivated transactions within the meaning of section 6621(c)(3)(A). Likewise, there is no dispute that petitioners paid the additional interest under section 6621 that was assessed by respondent and that petitioners have the opportunity in the present cases to contest their liability for such interest pursuant to the Court’s overpayment jurisdiction. See sec. 6512(b); Barton v. Commissioner, 97 T.C. 548 (1991). It is inPage: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Next
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